Sedillo v. City of Portland

The plaintiff was injured in a rear-end collision with a car operated by the defendant Selfridge. The jury awarded him $500 for his injuries.

The court withdrew from the consideration of the jury an allegation of damages that a pre-existing ulcer was aggravated by the collision. This withdrawal is assigned as error.

*30Appellant’s position is:

“Even though the doctors [testifying on plaintiff’s behalf] testified that in their opinion with reasonable medical certainty the ulcer was formed after the accident, they could not say this definitely, and the jury could have chosen to disbelieve the…